This is an extremely childish argument. In all honesty, the rules are the rules, we do not make them and nor do we interpret them. In the past the way the rules were interpreted favored EB3 over EB2I. Last year they said they took another look at the language and interpreted the rules as they should have been all along. At that time, there was much argument within this board and others. Those like me kept saying that EB immigration has always had a skills hierarchy and from the language EB category took precedence over country of origin quotas(which were discriminatory anyway). Others including popular posters like UN and lawyers like Ron Gotcher took the other view. In the end the state Dept. decided with the Eb category precedence and horizontal spillover. Should those that suffered the misinterpretation in 2006/7 ask for reallotment of future flows of visas to redress that injustice? No. Likewise, many people got the opportunity to file 485s in the summer fiasco. There were hundreds of thousands of people who had already filed and were waiting for years by then, but the USCIS was being their usual inefficient self and not doing squat with their application. Were they not wronged? What about their total lack of respect for the FIFO policy? How would one of you feel in 2012 if someone who filed in 2012 and with a PD the same as or later than you get approved first? These are process issues. There are many flaws in the system. Complaining when it grieves you and smiling when it suits you is not correct. You guys need to learn to put the mission ahead of your personal interests. IN the interim, if you are able to migrate to EB2 and are confident in your case to be able to do that, then do so. However complaining on and on, and deligitimizing the whole advocacy effort is not how you get your goals accomplished. The singular best solution for everyone is visa recapture. If there was broad participation by everyone affected, I believe it would have happened already. EB3 v EB2 battles and other fault line battles accomplish nothing. Letters to officials along these divisive lines, while it may pacify your anguish a bit, make the community a laughing stock.

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485InDreams

08-20 06:27 PM

If i get correctly...Labour Substitutionhas been banned..right???

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hopefull

07-06 09:13 PM

Hopeful has a valid point when it comes to sending flowers to USCIS. I am not sure that will make any difference . Flowers will not change USCIS overnight but will get us some good media publicity .Yes when it comes to american or any other politics , money is an important factor and if you can hit money, all issues can be resolved. I wish India one day becomes such a prosperous country that immigration no longer is lucrative for Indians and none of our generations to come have to go through all this mess !!!!!!:D

Thanks MBA - finally some body educated and sees seye to eye with me ..not on of those blue collar workers of the white collar industry

INA 202 (a) (5) (A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.

Please read the above section carefully. The additional visas mentioned above refers to visas in excess of 140k visas set by the annual quota; i.e. it refers to recaptured visa numbers, IMHO.

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belmontboy

05-18 07:08 PM

I ONLY believe in MERITT based system.

I never voted against anything so far!!:D

going by the visa bulletin u will never get a chance to vote in USA :p

on a serious note, its due time that we accept not getting anywhere with one magical EB reform. we should stop waiting for the magic bullet and rather focus on getting our issues resolved in bits and pieces

Myself and Abhijit booked the flight in United from OAKLAND airport. As we are going to be in DC on Tuesday morning, this is the pretty decent flight with no-stop...We booked this thru www.kayak.com... Mon, Sep 17, 2007 11:10 PM - OAK to IAD Tue, Sep 18, 2007 6:52 PM - IAD to OAK

if only the bill was in place 3 centuries ago we wouldnt have had all these problems...& anyone who thinks this is against only hispanics is daydreaming!arizona has a ton of international students who are going to be targetted too!no ruckus on campus between white & non-white students will be reported anymore so racists will potentially get away with anything and everything. as it is the terminolgy calling legal immigrants 'aliens' and 'parolee' &what not is demeaning & confusing butnow add to it the local overenthusiastic minuteman type police checking ur i94 & seeing advance parole status-will make helluva interaction!while democrats are cynically playing politics republicans are actually acting on their agenda.

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qualified_trash

12-12 01:39 PM

I think that the DOS (Dept of State) releases VISA Numbers on a quarterly basis. If that is the case, there should be movement in EB2 India in Jan 2007.

The other possibility always exists that the numbers were released for this quarter but the demand was SO HIGH that the net date did not move at all.

Most people from India will have PPD test positive as they have received BCG vaccine in childhood. PPD test in not mandatory. Negative chest xray is sufficient to prove that you are free from active TB (you may still have dormant infection but that doesn't matter at this point of time). Plus USCIS/CDC had published a guideline for civil surgeons instructing how to perform the Medical exam for immigration purposes and it clearly says that applicant can choose not to have PPD test and negative cxr will be sufficient.

Please cite the source for the claim that an applicant has some sort of a choice about the skin test. I disagree with your claim for the following three reasons.

(1) See instructions to form I-693 (the medical form): http://www.uscis.gov/files/form/I-693.pdf "Applicants two years old or older will be required to have a tuberculin skin test."

(2) Also, while this next link is less authoritative than USCIS's link above, see this page on murthy: http://www.murthy.com/news/n_tbtest.html (dated mid May)

(3) Note also the USCIS memo (dated April) that went into effect by mid June: http://www.uscis.gov/files/pressrelease/RFEFactSheet041207.pdf This states that, unlike earlier, petitions filed without initial evidence are more likely to be rejected than to be RFE-ed. (See towards end of first page). "To avoid denial, USCIS urges applicants and petitioners to file complete applications with all of the required initial evidence. The initial evidence for each application and petition type is clearly listed on the form instructions and in the regulations."

As always, please read the instructions to the forms. Most questions will have answers there.

And if the original poster found any of the answers in this thread useful, consider contributing to IV.

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gcformeornot

08-09 08:13 PM

I don't care about LS. Almost all cases I know are fraud. Sometimes 2 guys got GCs on same labor(since they were not asking Original LC). Thank god USCIS banned LS.

My Priority Date Sep 2002 EB3 According to LC, my labor got approved on Aug 9th, but we received actual paper on Sep 9th .. So lost the chance to FILE 485

DOL took more than a month TO send papers ..

There is no point in blaming IV . They are the BEST ..

It is US Govt agencies who are lazy and ineptitude.

US did not get Civil Rights in one year .. it took decades of fight ...

IV is fighting for every one ..

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alterego

08-31 09:35 PM

Very well written article.

American have heard ad nauseum the concept of anchor babies from Lou Dobbs and his ilk.

We need to introduce them to the concept of "ANCHOR JOBS" ie what we do. We anchor the jobs of leading industries to the USA so that the rest of the economy can continue to flourish based on those jobs and the spin offs.

We need to let the ordinary american know that it is in his/her best interest for us to help keep cutting edge american industries here. The few lazy american techies who make 6 figure salaries and yet still want more, need to be exposed for what they really are.............protectionist losers who put self interest above country. Unfortunate that they take that route rather than see the real shortages in the industries of tomorrow. They really are in pole position to make money out of it as well, if they just developed some entrepreneurship.

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meridiani.planum

06-05 03:57 AM

For all Eb3s along with EB2s with PD after April 2005, the movement in the coming visa bulletins wont be much encoraging unless the new Obama government does something significant about employent based category or immigrationvoice does a fruitful lobbying. The doings of something by obama government to employment based category is not in our hands. The only thing we could do is to help IV and help ourrselves by contributing to it to reach its financial target for better lobbying. Or else wait for the Visa Bulletin every month with great hopes, sorry dreams, for your PD to become current, and satisfy with your EADs for years ahead

"new obama government"?? Jumping the gun a bit are'nt we? (elections are still far away and you have assumed the result?)

I second the suggestion to call the lawmakers.

mhtanim

11-19 12:46 PM

Finally I too received my FP notices, however I am scheduled to attend ASC in my attorney's location, I called customer service and now I need to wait till ASC finds an open spot to schedule FP at my location.

What else can you expect from USCIS ??? :rolleyes:

I am sorry to hear that USCIS has messed up your FP appointment.

When (what date) did you get a notice from NSC saying that your I-485 is now transferred into NSC and now pending from processing?

485Mbe4001

12-12 03:42 PM

isnt a visa number assigned when they apply for 485?

good point in item 4. When i talk to people from other countries about visa issues and IV they just look at the processing dates for 485 and think that GC will be approved in 6 months.

Please remember that even if BEC clears the application with 2001 priority dates. These people still need to: 1) Apply for I140 2) Have I-140 Approved 3) Apply for I-485 only if their priority date is current 4) Complete various I-485 tasks like fingerprinting, BACKGROUND CHECKS (this is a huge one and unless you are lucky you can get stranded for anywhere between 6 months to 3 years) 5) Now after completing 1 - 4 above you can expect that they will apply a visa number to the application